TCA Explains: How Do You Join a Class Action?

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In 2021, a new record was set for the number of class action settlements: Workplace class action lawsuit settlements reached a record $3.62 billion in 2021, compared to $1.58 billion in 2020.

Many people may be wondering how they can join these lawsuits in order to seek justice and restoration. Fortunately, it’s not all that difficult. 

How to join or file a class action lawsuit

James E. Arnold, a class action attorney with the law firm Arnold & Clifford, explained how consumers can join a class action lawsuit. 

Firstly, he says that if a court decides to let a case go forward as a class action, it will define the “class” of individuals who are part of it. 

He uses the example of a class involving a motor vehicle defect claim, which may be defined as “all persons who owned a 2012 (car) and whose brakes failed during the period 2012 to 2015.” 

“That is a very loose definition, but the point is that individuals who fit that definition are automatically part of the class if they fit within the definition, and don’t need to do anything to be part of the class,” Arnold told Top Class Actions. 

If there is eventually a settlement or verdict, every person known to be part of the class definition is then notified of the settlement, and is then given the option to agree to the settlement or they can object to the settlement and opt-out of the class. At that juncture, if they want to bring their own case against the auto manufacturer they are free to do so, according to Arnold. 

“Consumers can file a class action just like any other case is filed, by filing a complaint. They make allegations within that complaint that it qualifies to go forward as a class action. There are a series of questions that need to be answered, and if a court determines that it can proceed as a class action, it certifies the class by defining it as described above and then the case goes forward like any other case,” Arnold told Top Class Actions. 

What are the benefits to the consumer of joining a class action lawsuit? 

Proceeding as a class action can be beneficial because usually, each individual’s claim is too small to justify filing it as an individual case. But if there are hundreds or thousands of those small cases, by combining them into a single class action case the costs and expenses of each case is spread over hundreds or thousands of claims, according to Arnold.

Michael Fuller, a class action lawyer with the OlsenDaines firm, says that joining a settled class action lawsuit is usually as simple as clicking on a link to the settlement website or contacting the settlement administrator directly. 

If a class action lawsuit has not been settled and consumers wish to get involved, they can contact the attorneys for the class. For help investigating a potential class action lawsuit, consumers should contact a local consumer class action law firm in their state, according to Fuller.

“The biggest benefit to joining a class action is to hold bad corporations accountable by collecting your share of the agreed-upon compensation to the class. The biggest benefit to filing a class action lawsuit is to fight for other class members, who were also ripped off, but who may not have the courage and willpower to actually contact a law firm to investigate a case,” Fuller told Top Class Actions. 

Check out our investigations page to look through class action lawsuits and other legal issues you can join to pursue justice and obtain legal help. 

Top Class Actions adds new class action lawsuit investigations every week, so check here regularly for any new issues that may affect you.

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